Unseaworthiness

Unseaworthiness refers to dangerous or unsafe conditions on a vessel. It is the responsibility of the vessel owner to ensure that a maritime workplace is safe for employees. If injury results from a violation of this responsibility, a claim may be brought by the injured worker due to unseaworthiness. The unseaworthiness of a vessel relates to conditions that could have been avoided by the employer or company such as lack of inspection or maintenance of the vessel, faulty design or poor anti-slip surfaces.

Other examples of conditions that could constitute unseaworthiness are:

• Improper provisions (pulleys, hoists, cranes etc.)
• Defective master/crew.
• Poor lifting equipment used for transporting workers to other vessels, platforms or offshore oil rigs.
• Poor on-site medical treatment.
• Poor scaffolding and safety lines
• Instability on the high seas due to poor design

When considering unseaworthiness, the term ''vessel'' is not only limited to a boat or ship. The legal definition of the term is very broad and extends to offshore oil rigs, barges, crewboats, utility boats, ferrys, drilling rigs, fishing boats, and others in place.

In the event of an injury, maritime workers must prove unseaworthiness or negligence to receive damages on the part of the employer or owner of a vessel. Contact an admiralty and maritime attorney at Bailey & Galyen to discuss your case and the options available to you.